Q & A

HUD Issues Final Rule to Help Children Exposed to Lead Paint Hazards

February 10, 2017    

In an effort to respond quickly when young children living in federally assisted housing experience elevated levels of lead in their blood, HUD published a new rule lowering the department’s threshold of lead in the child’s blood to match the more protective guidance of the Centers...

HUD Posts Interim AFFH Guidance for States

February 10, 2017    

HUD recently posted interim guidance for states regarding their statutory obligation to affirmatively further fair housing (AFFH). The guidance tells how states should comply with the rule until HUD finalizes the state Assessment of Fair Housing Tool.

HUD Issues HOTMA Implementation Provisions for Voucher Programs

February 10, 2017    

HUD published a notice in the Federal Register on Jan. 18 that implements many provisions of the Housing Opportunity Through Modernization Act of 2016 (HOTMA) that pertain to the Housing Choice Voucher (HCV) tenant-based and project-based voucher (PBV) programs.

Agreement to Settle Nonpayment Case Prevents Resident’s Unjust Enrichment Claim

February 10, 2017    

Facts: A Section 8 resident sued the management company for unjust enrichment. She claimed that the company raised her rent without authorization and unjustly retained money paid to the company by HUD on her behalf.

PHA May Have Improperly Denied VAWA Protections to Voucher Holder’s Spouse

February 10, 2017    

Facts: A spouse of a voucher holder claimed that the local PHA deprived her of her due process rights by denying her the opportunity to be heard at a hearing to determine the termination of a voucher held by her husband. She wasn’t the voucher holder herself.

Government Liable for Breach of Annual Contributions Contracts

February 10, 2017    

Facts: In a consolidated lawsuit, over 300 PHAs sued the United States for breach of contract. They claimed that HUD breached their Annual Contributions Contracts (ACC) in 2012 when it didn’t comply with the rules set forth at Title 24 of the Code of Federal Regulations...

HUD Secretary Castro Releases Cabinet Exit Memo

January 13, 2017    

Outgoing HUD Secretary Julian Castro recently issued his cabinet exit memo titled “Housing as a Platform for Opportunity.” The memo highlights initiatives, issues, and accomplishments from his tenure in the Obama administration. The memo also points out upcoming challenges for HUD...

HUD: Certain Noncitizen Victims of Domestic Violence Are Eligible for Housing Assistance

January 13, 2017    

A recent memorandum issued by Acting General Counsel Tonya Robinson clarified that certain noncitizens who are “battered or subject to extreme cruelty” by a spouse or parent who is a U.S. citizen or lawful permanent resident (LPR) has the right to apply for and receive housing...

Final Rule Requires Broadband Infrastructure for New Construction and Substantial Rehab

January 13, 2017    

HUD recently published a final rule requiring installation of broadband infrastructure at the time of new construction or substantial rehabilitation of multifamily housing that has more than four rental units funded or supported by HUD.

Families with Vouchers Are Underrepresented in Low-Distress Neighborhoods

January 13, 2017    

A recent study published in Cityscape titled “Vouchers and Neighborhood Distress” finds that Housing Choice Vouchers utilized by female-headed families are underrepresented in neighborhoods with low levels of distress and overrepresented in neighborhoods with high levels. The...

New HUD Capital Needs Assessment Tool Available

January 13, 2017    

A Capital Needs Assessment (CNA) is a plan for a site to address existing deferred maintenance, to modernize and rehabilitate, and to ensure that all the needs of a site are addressed well into the future. The assessments are used for applications for funding, planning for rehabs, corrections...

HUD Issues CY 2017 140 Percent Thresholds for Rent Comparability Studies

January 13, 2017    

In August 2015, HUD issued a new Section 8 Renewal Policy Guide. Section 9-23 of the Guide provides instructions for comparing the median rents as derived by the appraiser in a rent comparability study (RCS) with Census Bureau estimates of the median rents in the project’s ZIP code. Should...